116 Ky. 410 | Ky. Ct. App. | 1903
Opinion op the court by
Reversing.
The appellant, Ezra Elyser, was convicted in the lower court under each of four indictments for selling spirituous liquors in violation of the local option law, his punishment in three of the cases being a fine of $60 each, and in the fourth a fine of $100. The fines, together with the costs of the prosecutions, were immediately paid by him. It appears from the record that the four .convictions- of appellant occurred at the same term of court, and the last two of them on the same day, and that these convictions were had under the provisions of an act of the Legislature of Kentucky amendatory of the general local option law, approved March 11, 1902. Acts 1902, p. 41, c. 14. There are two sections of this amendment imposing penalties for a violation of the act. Section 2 provides that “it shall be unlawful for any person to sell, lend, give procure for or
No complaint is made, of the action of the lower court in the matter of the fines imposed under the indictments, but it is contended for appellant that the court had no authority to require of him the execution of the bond, because (1) the act of March 11, 1902, is in violation of section 51 of the-State Constitution, in that it relates to more than one subject; (2) that section 3 of the act is void for uncertainty;, and (3) that the act imposes a double punishment. Section 51 of the Constitution provides that “no law enacted by the General Assembly shall relate to more than one subject and that shall be expressed in the title.” The title of the-act' approved March 11, 1902, is as follows: “An act for the better enforcement of an act approved March 10, 1894,.
We are not disposed to agree with appellant’s contention that so much of section 3 of the act, supra, as empowers the court, after two convictions for a violation of its provisions, to require o;f the person so convicted a bond for his “good behavior,” is void for uncertainty because it
We are likewise unable to sustain the third and last contention of appellant’s counsel that the statute supra as amended, or that part of it requiring the bond upon a second or any subsequent conviction, imposes double pun
But while we are unable to sustain the objection raised against the statute under consideration by counsel for appellant, we are nevertheless constrained to hold that the action
Wherefore the judgment of the lower court requiring of appellant ,the execution of the bond is reversed, and cause remanded for further proceedings -consistent with the. opinion herein.